The value of a barrister’s opinion

May 17, 2014 tags: Blog, Legal Articles

Seeking a barrister’s view (or “counsel’s opinion”) on a proposed or actual legal issue is a well-known course of action amongst the legal fraternity. It was historically only open to a client if he first went to a solicitor, who would gather all the necessary information about the case, digest it, and then prepare “Instructions to Counsel to Advise” on whatever the issue was. There were several obvious drawbacks to this method. Cost -the client would face two sets of fees; the first for the solicitor, for not only preparing the case in the first place, but for passing on the upshot of the Opinion when it returned. Delay- in having two people dealing with the case, with the second person not able to start until the first one had finished. Lines of communication - in digesting the case when Instructions were being prepared there was the risk of distortions or wrong emphases being placed on facts, as is inevitable when information passes through several pairs of hands. Direct access to your barrister cuts out all of these problems. Counsel’s opinion was and is always sought in matters of any complexity. This is because barristers specialise in presentation of cases in court, and therefore will have the deepest insight into what is necessary to give the case the best chance of success. There is nothing like being the public face of the case, actually standing before the judge or jury and arguing the matter, to bring about the best possible levels of commitment to preparation. That wealth of experience, specialism in advocacy and in the particular area of law, are what solicitors traditionally sought out from counsel in seeking their opinions. No case of any measure of seriousness would be launched without a barrister’s opinion to give it the stamp of approval. Counsel will be asked to prepare the technical legal documents to progress the case, advise on evidence, and conduct the trial. He would do all this backing his judgement in the original opinion, so great care is always taken in giving advice, as the barrister will very often be required to back it up by fighting the case he has given his opinion on. Legal expenses insurers invariably require counsel’s opinion before agreeing to cover a case. Public bodies, companies and media businesses can cover themselves by taking a barrister’s opinion before adopting a course of action. Some cases will settle more quickly and on better terms once the other side knows their opponent has the backing of counsel’s opinion. Direct Public Access to the barrister now gives clients this express route to the heart of the matter, cutting down cost and delay, and shortening the lines of communication. Cotswold Barristers have a dedicated client care team as well as practical support for their barristers in running your case. You are invited to Contact Us DIRECTLY [gravityform id="1" name="Contact Us:" title="true"]